Mekanisme Regional dan Internasional terhadap Perlindungan Buruh Migran Indonesia

Pandiangan, Pangidoan (2010) Mekanisme Regional dan Internasional terhadap Perlindungan Buruh Migran Indonesia. Undergraduate thesis, Universitas Internasional Batam.

Abstract

In Indonesia, there is a special regulation which provides the provisions of migrant worker, namely Law No. 39 of 2004 on PPTKILN. There is also a MoU (Memorandum of Understanding) between Malaysia and Indonesia, which regulate the allocation of Indonesian Migrant Workers in Malaysia. At the regional level (ASEAN), there is a Declaration of Migrant Worker that has been agreed and signed by all the member states of ASEAN. Furthermore, at international level, there is an instrument of international law which regulates the protection of migrant workers and their family, namely Migrant Convention 1990. Although Indonesia has signed the Convention, it has not yet ratified the Convention, consequently the Convention is not applicable in Indonesia. The research aims to recommend Indonesia to ratify the Convention since Law No.39 of 2004, Malaysia-Indonesia MoU and even ASEAN Declaration aree not sufficient to protect Indonesian migrant workers. The research applies a comparative law method, therefore the research object for is International Convention of the Rights of All Migrant Workers and Members of Their Families (Migrant Convention 1990), ASEAN Declaration on the Protection of the Rights of Migrant Workers, MoU between Malaysia and Indonesia on the allocation of Migrant Workers in Malaysia, and Law No. 39 Year 2004. Migrant Convention 1990 is an international legal source, it is recommeded that all states should ratify this Convention for the better protection of migrant workers. The Indonesian Government signed the Migrant Convention 1990 on 22nd September 2004, therefore it will not be a problem for Indonesia to ratify the Convention. This is because the research finds that Indonesian Migrant Workers do not work in the ASEAN region only, but many of them also work outside from ASEAN region, such as in Saudi Arabia, Africa and Hongkong. This research also suggests that the Government of Indonesia should amend Law No. 39 Year 2004 on PPTKILN in order to comply with Migrant Convention 1990. Keywords: Migrant Workers, Indonesia, Protection, Regional and International.

Actions (login required)

View Item